Manning Oil Mill v. Northwestern R.R. Co.
Supreme Court of South Carolina
Before Bowman, J., Clarendon, October, 1920. Action for damage to intrastate shipments. From order of nonsuit, the plaintiff appeals. cite: Provisions of bill of lading as to time and place of filing claims may be waived: 70 S. C. 22; 98 S. C. 304; 42 S. C. 14; 43 S. C. 26; 84 S. C. 117; 88 S. C. 368; 70 S. C. 76. Deviation from the route of shipment agreed upon was evidence of intention of defendant to waive special stipulations of the contract of shipment: 81 S. C. 472.…
Read the full summary
Before Bowman, J., Clarendon, October, 1920. Action for damage to intrastate shipments. From order of nonsuit, the plaintiff appeals. cite: Provisions of bill of lading as to time and place of filing claims may be waived: 70 S. C. 22; 98 S. C. 304; 42 S. C. 14; 43 S. C. 26; 84 S. C. 117; 88 S. C. 368; 70 S. C. 76. Deviation from the route of shipment agreed upon was evidence of intention of defendant to waive special stipulations of the contract of shipment: 81 S. C. 472. Cases involving interstate shipments (108 S. C. 88'; iof S. C. 2pf) not applicable. cite: Waiver: 78 S. C. 471; 54 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action for recovery of damages for two intrastate shipments of cotton seed and penalty as to each shipment. After issue joined the case came on for trial before Judge Bowman, and a jury. At the close of plaintiff’s evidence defendant moved for a nonsuit, on the ground that the bill of lading issued by the plaintiff contained, in substance, that claims for loss, damage, or delay must be made in writing to the carrier at the point of delivery,, or at point of origin, within four months after delivery of property, or, in case…
2Cases cited1 opinion
- McKee v. McGheeSupreme Court of South Carolina · 1920
3Cited by3 opinions
- Davis v. John L. Roper Lumber Co.Supreme Court of Virginia · 1924
- Allen v. Davis, Dir. Gen'lSupreme Court of South Carolina · 1923
- Freeman v. A.C.L.R. Co.Supreme Court of South Carolina · 1922